More Murderous Right-Wing Militia...

[waltky]

Granny says dey oughta put him inna booby hatch with Hannibal Lechter...

Judge: Loughner not competent to stand trial
25 May`11 - - A federal judge Wednesday agreed with two doctors that suspected Tucson shooter Jared Loughner is not competent to stand trial, and he will be hospitalized in a facility in Springfield, Mo., to receive treatment.

Loughner will not be released from custody while he is being treated, and he could remain hospitalized indefinitely if he does not get well but is determined to be a danger to himself or others, according to those familiar with federal law. The goal is for Loughner, charged with shooting Congresswoman Gabrielle Giffords and killing six others on Jan. 8, to voluntarily take medications that his doctors will prescribe for him so his competency is restored and he can face charges, said Robbie Sherwood, a spokesman for the U.S. Attorney's Office. "We believe he can be restored to competency with proper medication," Sherwood said.

Loughner, charged with 9 crimes that left 13 injured, has pleaded not guilty. The ruling by U.S. District Judge Larry A. Burns means Loughner can be held for up to four months before another hearing will occur to determine if he's competent to stand trial. If Loughner refuses to take his medication, the judge could order he be involuntary medicated, Sherwood said. The U.S. Supreme Court in 2003 affirmed the authority to administer anti-psychotic drugs to a criminal defendant only to render that person competent to stand trial. Paul Charlton, Arizona's U.S. Attorney from 2001 to 2007, said in a phone interview that Loughner could be held as long as it's determined "he is a danger to himself or others."

Determining whether a person is competent is a three-prong process, said Michael Bayless, a Phoenix-based forensic psychologist who is familiar with the case. Bayless said a defendant is incompetent to stand trial if the defendant:

* Has a mental disease or defect that prevents the person from understanding the nature of the proceedings.

* Suffers from a disease or defect that prevents the person from being able to help his or her lawyer to present a defense.

* Does not understand what it means to plead guilty in court.

Bayless said if Loughner never is restored to competency, he will remain at a mental hospital. "He will stay until he proves to the staff he's not dangerous to himself or others," Bayless said. "It could go for rest of his life if he never gets better. If he gets better, he will go back to trial."

MORE

 

[chanel]

What if he rejects the "voluntary medication"?

Mods - could we get a title change?